NO MORE ‘KID GLOVES’ FOR ZUMA
MINUTES after the Constitutional Court confirmed that former president Jacob Zuma was compelled to appear before the Zondo Commission and answer questions, the inquiry was told how State Security Agency (SSA) members delivered millions of rand in cash to former intelligence minister David Mahlobo, to be delivered to Zuma.
Zuma had accused commission chairperson, Deputy Chief Justice Raymond Zondo, of treating him unfairly and of being biased against him.
Delivering the judgment, Justice Chris JaftaL said the commission had treated Zuma with kid gloves compared to other witnesses who had been promptly slapped with summonses.
Justice Jafta said while the commission was to blame for the situation it found itself in in relation to Zuma's delaying tactics, the court had allowed direct access on the matter as finalisation of the allegations against Zuma were a matter of public interest.
“The former president is firmly placed as the centre of investigations, which include that he had surrendered constitutional powers to unelected private individuals. The allegations investigated are so serious that if established, a huge threat to this country's fledgling democracy would have occurred,” he said.
Justice Jafta said it was ironic that Zuma had set up the commission and that the directives had been issued in terms of regulations made by him.
Zuma's lawyer, Eric Mabuza, had not responded by deadline.
At the commission yesterday, a witness only identified as “Ms K” continued giving explosive testimony relating to the SSA spending millions of rand on a number of operations.
Ms K said Mahlobo, who is now deputy Human Settlements, Water and Sanitation minister, was directly involved in operations and in handling cash withdrawn for the chief directorate for special operations.
Mahlobo, who also held the energy portfolio in Zuma's Cabinet and is a member of the ANC's national executive committee, continuously approved the utilisation of retained earnings to fund operations, despite advice that the retained earnings (or unexpended funds) should be saved and utilised for infrastructure development to develop the SSA's intelligence capabilities, according to Ms K.
Under Mahlobo's watch, she said, Thulani Dlomo, formerly the SSA's deputy director-general responsible for counter-intelligence and South Africa's erstwhile ambassador to Japan, and the agency's former director-general Sonto Kudjoe initiated and approved Project Mayibuye in January 2015.
The project was renewed and continued after Kudjoe's departure and Arthur Fraser's subsequent arrival in September 2016 to replace her.
According to Ms K, the project was set up to provide counter-intelligence support that would enable stepping up state authority and its organs of governance (justice, Parliament, provincial legislatures) against hostile behaviour or radical intent aimed at undermining the rule of law and governance in general.
She said an SSA agent, whose pseudonym is Frank, confirmed that he dropped monthly withdrawals of R2.5 million at Mahlobo's office for onward delivery to Zuma.
However, Ms K added that Project Veza, of which she is project manager and is probing widespread malfeasance at the SSA, has not found evidence that Zuma indeed received the money. She said there were attempts to grill Mahlobo about the matter when he was an ordinary MP after Zuma was ousted in February 2018 through engagements with another former state security minister, Dipuo Letsatsi-Duba.
“We crafted letters with certain questions. We asked that via the former minister's office these be disseminated.
“It was not just him (Mahlobo). It also included another former minister and other senior officials that had left the organisation. The letter was (returned) to the (Project Veza investigation) team and when he (Mahlobo) was contacted he actually scolded the member of the team,” said Ms K.
She said Mahlobo told the “Project Veza” member to inform Letsatsi-Duba that “he will expose her” and that was where the matter ended.
Asked by evidence leader Paul Pretorius whether the money reached Zuma, Ms K said “Project Veza” did not have that capacity to investigate fully.
“Had we had engaged him I think we would have tried to establish if indeed he received it. We were going to put these allegations to him,” she said.
Another SSA agent, whose pseudonym is Lilly, told the “Project Veza” team that these monthly payments amounted to R24m in 2015/16 and increased to R54.1m in 2016/17.
Ms K testified that Frank received firm instructions from Mahlobo that these amounts must be made available, notwithstanding challenges in accessing these funds. The commission continues on Friday.